State v. Brooks

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a trial court “bears no affirmative duty sua sponte to engage in an on-the-record colloquy with defendant at the time of trial to ensure a valid waiver of the right to testify”
• holding \that the trial court bears no affirmative duty sua sponte to engage in an on-the-record colloquy with defendant at the time of trial to ensure a valid waiver of the right to testify\
• “This fundamental right [to testify on one’s own behalf] is guaranteed by both the United States Constitution and the Utah Constitution. The defendant retains ultimate authority in deciding whether or not to testify.” (quotation simplified)
• “The right of criminal defendants to testify and present their version of events in their own words is fundamental. This fundamental right is guaranteed by both the United States Constitution and the Utah Cons titution.”
• “We hold that the trial court bears no affirmative duty sua sponte to engage in an on-the-record colloquy with [a] defendant at the time of trial to ensure a valid waiver of the right to testify.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

19 cases in this archive cite this case.

• Momon v. State
  Tennessee Supreme Court· 2000-03-30· cited 1,008×
• Johnson v. State
  Court of Criminal Appeals of Texas· 2005-05-25· cited 374×
• Manneh Vay v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2017-01-31· cited 156×
• State v. Salmons
  West Virginia Supreme Court· 1998-11-04· cited 96×
• State v. Arguelles
  Utah Supreme Court· 1996-07-12· cited 44×
• Ames v. Maas
  Court of Appeals of Utah· 1993-01-15· cited 15×
• State v. Draper
  Court of Appeals of Utah· 2024-10-24· cited 11×
• West Valley City v. Streeter
  Court of Appeals of Utah· 1993-03-11· cited 8×
• State v. Wall
  Court of Appeals of Utah· 2020-12-17· cited 8×
• State v. Fisher
  Court of Appeals of Utah· 1998-12-24· cited 7×
• State v. Saenz
  Court of Appeals of Utah· 2016-04-07· cited 6×
• State v. Martinez
  Court of Appeals of Utah· 2020-04-30· cited 4×
• Cramer v. State
  Court of Appeals of Utah· 2006-12-07· cited 4×
• State v. Carlson
  Court of Appeals of Utah· 1997-03-06· cited 2×
• Momon v. State
  Tennessee Supreme Court· 1999-11-15
• Napoleon Momon v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 1997-12-09
• Johnson, Michael D.
  Court of Criminal Appeals of Texas· 2005-05-25
• In re Scribner
  Vermont Superior Court· 2004-07-15
• Cedar City v. Braget
  Court of Appeals of Utah· 2025-03-13